Woodside Municipal Code § 153.987 Nonconforming structures, uses, and paved area and surface coverage

(A) The purpose of this section ("section" includes Municipal Code Sections 153.980—153.989) is to reasonably regulate, to the extent permitted under California law, SB9 Housing Projects authorized by state law known as Senate Bill 9 (hereinafter "SB9"). SB9 amends California Government Code Section 66452.6 and adds Sections 65852.21 and 66411.7 to the California Government Code. SB9 applies to lots located within single-family residential zoning, except lots excluded under Section 153.983.

(B) SB9 housing projects can result in no more than two residential units per parcel, would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; does not propose the demolition of more than 25 percent of existing exterior structural walls of residential units if the site has been occupied by a tenant in the previous three years from the date of the SB9 housing project application filed with the Town and complies with the requirements in this section; and, will not occur on any parcel included on the State Historic Resources Inventory, or within a site that is legally designated or listed as a Town historic property.

(C) This section sets forth the Town's objective development standards required for SB9 housing projects which will apply, so long as those standards would not have the effect of physically precluding the construction of two residential units on a single-family residential lot from being up to 800 square feet in floor area.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) For the purposes of this section, all definitions included in Section 153.005 shall apply, in addition to the definitions listed below that shall have meanings as follows:

OBJECTIVE DESIGN STANDARDS. Most current objective design standards adopted by the Town Council.

SENATE BILL 9, ATKINS, (SB9). An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the California Government Code, relating to land use, that was signed into law by the Governor on September 16, 2021, and filed with Secretary of State on September 16, 2021. Referred to as SB9 in this chapter.

SB9 HOUSING PROJECT. Development that includes up to two residential units that use the SB9 development standards outlined in this section.

SB9 LOT. Single-family residential lots that are created from an SB9 lot split or a lot upon which one or more SB9 units are constructed.

SB9 LOT SPLIT. Division of a single-family residential lot from one lot to two lots that comply with the requirements of Article XIV of Chapter 152.

SB9 UNIT. Existing residential unit(s) on a lot(s) created from an SB9 lot split, or a new residential unit(s) constructed as an SB9 housing project.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) This section shall apply when:

(1) The proposed SB9 housing project is located within a single-family residential zone and contains no more than two residential units on the SB9 lot.

(2) The SB9 housing project is not located on prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the Town's voters.

(3) The SB9 housing project is not located in wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(4) The SB9 housing project is not located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(5) The project is not located on a site that is habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(6) The SB9 housing project is not located on lands under conservation easement.

(7) The SB9 housing project is not located on a hazardous waste site that is listed pursuant to [California Government Code] Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(8) The project is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202. However, the project may be located in a very high fire hazard severity zone when the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(9) A SB9 housing project may be located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, provided the project complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(10) The SB9 housing project may be located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency provided:

(a) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

(b) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(11) The SB9 housing project may be located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, provided the project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

(12) The SB9 housing project would not include demolition or alteration of any of the following types of housing:

(a) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

(b) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

(c) Housing that has been occupied by a tenant in the last three years prior to the date of application.

(13) The SB9 housing project is not located on a parcel which an owner of residential real property has exercised the owner's rights under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(14) The SB9 housing project does not allow the demolition of more than 25 percent of the existing exterior structural walls of residential units if the site has been occupied by a tenant in the last three years and complies with the requirements of this section.

(15) The SB9 housing project is not located on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town historic property.

(16) Each SB9 lot contains no more than two existing or proposed residential units, which include existing main residences, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Any existing main residences, ADUs, and JADUs on a lot which are proposed to remain as part of an SB9 housing project are reclassified as SB9 units and shall comply with the SB9 development standards for any proposed improvements.

(17) The SB9 housing project complies with the adopted objective design standards set forth by the Town and the objective requirements by other applicable public agencies, such as San Mateo County Department of Environmental Health and Woodside Fire Protection District.

(B) Ministerial review of an SB9 housing project, shall occur after the owner files an SB9 housing project building permit application in which the property owner declares that the project shall be subject to all SB9 lot regulations and objective design standards.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22; Ord. 2022-625, § 3, effective 4-7-22)

(A) Prior to filing an SB9 housing project building permit application, the owner, or his/her representative shall consult with the Planning Department to determine the requirements necessary for an adequate review of the proposed SB9 housing project. Following the consultation, the owner shall file a formal application with the Planning Department on a Town approved form prescribed for such purpose. The application shall be accompanied by items included in the SB9 housing project checklist on file with the Planning Department in addition to the following:

(1) Completed deed restriction pursuant to the requirements outlined in Section 153.988;

(2) Completed property owner affidavit stating that all existing residential units on the lot for which demolition of more than 25 percent of the existing exterior structural walls have not been occupied by a tenant within the previous three years from the date of application;

(3) The required fee and/or deposit outlined in the adopted Town Council Fee Schedule.

(B) SB9 units encroaching into the required basic setbacks outlined in Table H of this chapter shall be noticed to any property owner of property adjacent to the proposed SB9 unit, including lots located across an abutting public or private road. The notice shall be sent within five business days of receipt of the application and shall clearly state that an SB9 unit application is reviewed and acted on ministerially and not subject to appeal.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) SB9 lots shall only contain uses listed below in Tables R-1 and R-2. The tables set forth in this section indicate, by the symbol "X", the permitted and accessory uses allowed in each district. Uses not listed in the table under any case category, shall not be permitted under this section unless the Planning Director determines that the use is similar to the uses listed in the Tables R-1 and R-2. Any uses not listed in the tables below and determined by the Planning Director not to be a similar use to those listed, shall not be permitted on SB9 lots. In no case shall accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) be permitted on an SB9 lot. Existing main residences, ADUs, and JADUs that remain on an SB9 lot as part of an SB9 lot split or SB9 housing project are reclassified as SB9 units. Any existing nonconforming uses, including nonconforming uses created by a SB9 housing project, are subject to the SB9 nonconforming standards in Section 153.987.

TABLE R-1: Permitted Uses on SB9 Lots

TABLE R-2: Accessory Uses on SB9 Lots

(B) Existing permitted and accessory uses, and structures, that occur onsite and are not listed in Tables R-1 and R-2 prior to becoming an SB9 lot, may remain if they continue to comply with Chapter 150 (Building Regulations). Such uses and structures shall be deemed nonconforming and are subject to the nonconforming standards in this section.

(C) Existing animal accessory uses not listed in Tables R-2 that occur onsite prior to becoming an SB9 lot, may remain subject to the following requirements:

(1) The number of any type of animals currently living on a property in compliance with Table A-3 (Accessory Uses in Residential Zoning Districts) of this chapter that no longer comply with the property size requirements for animals listed in Table A-3 after an SB9 lot split shall be subject to review and approval per Sections 115.14(A)(1) and (2) and (B)—(E) (Stable permit exceptions) of the Code to remain on the SB9 lot.

(2) Unoccupied nonconforming barns may be used to house domestic animals permitted in Table R-2, or may be used to house horses, subject to all requirements in Chapter 115 (Stables). No new animal shelters shall be permitted except small structures for domestic animals that comply with the requirements in Table R-2.

(D) Rental of all units shall be for a term of more than 30 days. Rentals of 30 days or less are prohibited.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) SB9 units shall comply with all development regulations in Chapters 151 (Site Development) and 153 (Zoning) unless such regulation is modified by this section. In the event there is a conflict between this section and other parts of the Municipal Code, the requirements in this section shall apply. Table S-1 below provides development standards for SB9 units that are up to 800 square feet in floor area on any parcel greater than 1,200 square feet in a single-family residential zone.

TABLE S-1: Development Standards for all SB9 Lots

(B) Exceptions to standards in Chapters 151 and 153 for SB9 Housing Projects. If it is not feasible to comply with all applicable standards for SB9 housing projects when constructing up to two 800-square-foot residential units on a property, the applicant shall provide all necessary information requested by the Town (e.g., a topographic survey, septic feasibility study, etc.) to demonstrate that it is infeasible to construct one or both of the proposed 800-square-foot residential units while complying with all applicable development standards for review by the Town. Once the complete feasibility study is reviewed by the Town, the Planning Director, and Town Engineer if the exception is subject to Section 151.60, shall determine which of the development standards in Chapters 151 (Site Development) and 153 (Zoning) may be modified to allow for up to two residential units that are no more than 800 square feet and evaluate feasible locations for the residential unit(s) to find the location(s) that create the fewest impacts to environmentally sensitive areas such as stream corridors, wetlands, and steep slopes.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) Any existing structures, site improvements, and uses on an SB9 lot that do not conform to the land use and development regulations in this section shall become nonconforming once the lot is converted to an SB9 lot from completion of an SB9 lot split or SB9 housing project. Any nonconforming uses or structures on an SB9 lot are not subject to the regulations in Sections 153.230—153.239 and shall be subject to the regulations within this section.

(B) A nonconforming use or structure may be continued, except as otherwise provided in this section.

(C) Maintenance may be performed on a nonconforming structure.

(D) Nonconforming uses shall not be altered, increased, enlarged, or established.

(E) Nonconforming structures may be altered if such alteration does not result in a change of use, other than a conversion to an SB9 unit if such conversion complies with the minimum development standards in this section, and complies with the following:

(1) Demolition or structural alterations of more than 25 percent of the existing structural walls shall not occur unless materials submitted with the permit application include the following:

(a) An notarized affidavit from the property owner that a residential unit subject to complete or partial demolition or structural alteration has not been occupied by a tenant in the previous three years from the date of application;

(b) Removal of the nonconforming accessory structure, without replacement;

(c) Details including modifications to an existing residential unit to comply with the minimum development standards for SB9 units in this section, and all Chapter 150 (Building Regulations); or,

(d) Details that demonstrate that: any proposed reconstruction of such demolition replaces all exterior structure features (e.g., walls; window and door sizes and locations; roofs, etc.), as it currently exists unless modifications are required by Chapter 150 (Building Regulations) and consistent with this section; the modifications reduce the nonconformity removing, not altering, existing structure features, or the modifications comply with the objective design standards as noted in subsection (2).

(2) Modifications to the exterior of the structure shall comply with the objective design standards, such as, exterior materials windows, doors, lighting location/fixture types, and, roofing;

(3) Increases to the existing, or the creation of new, nonconforming attributes are prohibited.

(4) Increases/expansion to the existing footprint, plate heights, and overall structure height are prohibited.

(5) Mitigation required for structures in areas listed in Section 153.983, shall not conflict with the other requirements of Section 153.986;

(G) Nonconforming paved area and surface coverage shall be subject to the following:

(1) Paved area and surface coverage may be repaired or replaced in the same location.

(2) Paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3) Paved area and surface coverage totaling more than 250 square feet may be relocated if: the relocation will result in elimination of the nonconformity; or, the relocation will result in a reduction of 25 percent or more of the paved area and surface coverage which exceeds the maximum permitted paved area and surface coverage for the SB9 lot.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) Along with the approval of a SB9 housing project, a deed restriction that includes notarized signatures of all property owners shall be recorded on the SB9 lot including the following restrictions:

(1) The lot shall be subject to SB9 allowable land uses and development standards outlined in the Woodside Municipal Code;

(2) Rental of all units shall be for a term of more than 30 days. Rentals of 30 days or less are prohibited; and,

(3) All existing site improvements that become nonconforming to general or SB9 Municipal Code regulations from the SB9 housing project may only be modified subject to SB9 objective development standards outlined in Municipal Code Section 153.980.

(B) No removal or modification of the recorded deed restriction shall occur without Town approval, or state laws that supersede current deed restriction requirements. Alternatively, SB9 housing projects that were not part of an SB9 lot split could remove the SB9 housing project improvements, remove the deed restriction, and revert back to general site development and zoning development standards.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)

(A) An application for an SB9 housing project shall be ministerially reviewed and approved subject to the requirements in this section unless:

(1) The Woodside Building Official makes written findings, based upon a preponderance of the evidence, that the proposed SB9 housing project would have a specific, adverse impact, as defined in California Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact;

(2) The SB9 housing project does not comply with any objective standards outlined in this section; or,

(3) The SB9 housing project does not comply with objective requirements set forth by other regulatory agencies, such as the Woodside Fire Protection District and San Mateo County Environmental Health.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)